Overseas Guide

Which domestic procedures apply to investment in an overseas plant?

Usually three separate processes apply: NDRC project approval or filing, commerce-authority approval or filing, and foreign-exchange registration with a bank.

Project classification

Check destination, industry and Chinese investment value. For a non-central enterprise’s direct non-sensitive project below US$300 million, file with its provincial development and reform authority.

Commerce approval or filing

File with MOFCOM or the provincial commerce authority, as applicable, to obtain the Enterprise Overseas Investment Certificate. Sensitive cases require approval.

Foreign-exchange registration

Apply to a local bank for outbound direct investment FX registration. Prepare approval/filing documents, business licence, funding evidence, spending plan and investment resolutions.

How can destination-market product requirements be incorporated into design and production?

Confirm the sales market and applicable product requirements, then turn them into design, production and delivery data. GB/T 23031.5 addresses destination-country requirements and this translation process.

Identify applicable requirements

Clause 7.2(e) includes services for analysing and addressing applicable laws in the product’s destination. Certification depends on the market and product.

Requirements translation

Clause 7.3 covers converting customer requirements into standardized data for design, production and delivery.

Requirements change management

Track requirements and changes under Clause 7, and connect them to delivery under Clause 10.

Do transfers of data from China to an overseas plant require outbound-data procedures?

Cross-border manufacturing data containing neither personal information nor important data is exempt from security assessment, standard-contract and certification procedures. Employee or customer data needs a separate assessment.

Data-flow identification

Overseas access to data in a Chinese system can be an outbound data activity; server location alone does not settle the question.

Data classification

Distinguish ordinary production data, personal information, sensitive personal information and important data before deciding the route.

Exemptions and filing requirements

Necessary cross-border HR management has a conditional exemption. Other personal data follows rules based on operator status, annual outbound headcount and sensitivity.

Which control requirements apply to equipment, know-how and remote technical services provided overseas?

Check whether goods, technology, services and data used for outbound investment are prohibited or restricted for export or external provision. Restricted items require the applicable permission.

Equipment and material exports

Check equipment and components against applicable controls using their technical specifications and intended use.

Provision of technology and data

Article 13 of Order 837 also covers technology and data supplied overseas, including relevant process information.

Overseas assignments and technical services

Overseas assignments, remote technical guidance and cross-border training cannot be used to provide prohibited or unlicensed restricted items.

What preparations are needed before commissioning digital systems at an overseas plant?

GB/T 45988 covers personnel, equipment, data, processes and trials. Use it to define operators, maintenance responsibilities, data inputs and trial operation.

Roles and responsibility

Align roles, responsibilities and competence with workflows; assign equipment provision, maintenance and upgrades.

Equipment and data

Prepare equipment and technical conditions; address data accuracy, consistency, completeness, control and confidentiality.

Trial-operation preparation

After initial implementation, plan trials and operating controls to check that data, technology, processes and organization work together.

How can headquarters and overseas plants coordinate orders, capacity and supply?

GB/T 23031.4 covers collaborative design, production, services and supply chains. Select shared resources and information to connect orders, capacity and materials.

Order and capacity coordination

Collaborative production covers online orders, task allocation, multi-plant cooperation and shared manufacturing-capacity information.

Procurement and supply coordination

Supply-chain collaboration covers supplier sourcing, qualification, risk control, materials and transport-capacity scheduling.

Service-resource sharing

Service collaboration covers expertise, maintenance knowledge, spare parts and customer information.